ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena,
Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K.
Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 116/AIB/P/18
Dt. 07.05.18
REMINDER
To,
Ms.
Vanaja N. Sarna,
Chairperson,
CBIC,
North
Block, New Delhi.
Sub: Revival
of in-situ promotion scheme as approved in Board meeting of 18.02.11.
Madam,
Kindly refer to the Ref. No. 90/AIB/P/18
Dt. 31.03.18 of the association.
2. Your kind attention is also
invited to the point No. 3. under the heading of Presentation No. 02
by ADG (HRM) on the issue of In-situ Promotion Scheme for Group ‘B’
Executive Cadres (Gazetted and Non-Gazetted) of the minutes of the Board
meeting of 18.02.11 (enclosed herewith).
3. As your goodself
knows, it is to submit with due regards that not only the most of our officers
are retiring with single promotion in the career after joining as Inspector but
there are also disparities in promotions from zone to zone. No need to say that
the temporary posts of Asstt. Commissioner with the clause of no further
promotion are unable to do the required good to the problem. On pursuance by
the Association, one in-situ promotion scheme was approved by the Board in the
meeting of 18.02.11. Basic
features of the scheme were as under:
i) In situ promotion to the Inspector with 10 years of
regular service as Superintendent (in
situ).
ii) In situ
promotion to the Superintendents with 20 years of combined regular
or in situ service as Inspector+Superintendent
(in situ), with three
years service as Superintendent (regular or in situ) as Assistant Commissioner (in situ).
iii) In situ promotion as Deputy Commissioner
(in situ) to Assistant
Commissioner (in situ) after five years of service.
4. However, the Association
suggested service of total 24 years of service for the post of Deputy
Commissioner without any clause of five years of service as Assistant
Commissioner (in situ).
5. In view of above,
it is requested to kindly implement the said scheme (as already approved by the
Board) as an instant measure to cope up the problem of the acute stagnation
being faced by our officers for decades. It is also requested to implement the
said scheme w.e.f. its approval, i.e., 18.02.11 and some other scheme may also
kindly be formulated to enable our officers entering Level-13 and above like
the counterparts of CBDT, CSS etc.
Thanking you.
Yours faithfully,
Encl: As above.
(RAVI MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena,
Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K.
Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 117/AIB/P/18
Dt. 07.05.18
REMINDER
To,
Ms. Vanaja N. Sharna,
Chairperson, CBIC,
North Block, New Delhi.
Sub: Bringing a scheme for Central
Excise/CGST executive officers benefitting the old as well as young generations.
Madam,
Kindly refer to the
earlier requests of the Association on the subject-mentioned issue including Ref. No. 56/AIB/P/18 Dt. 26.02.18 and Ref.
No. 77/AIB/P/18 Dt. 28.03.18 etc.
2. With due regards, it
is to submit that your goodself was kind enough to show the willingness to
bring a scheme for our officers benefiting the old as well as young
generations. Accordingly, the following measures are suggested for the same-
(a) Time bound promotions/scales: Time scales after every 7 years.
(b) Notional promotions granting batch to batch parity with the best
placed common entry counterparts like CSS etc.
(c) Creation of supernumerary posts which will be personal to the
officer at each level of the promotion and will be abolished with the
retirement of the officer.
(d) Creation of separate service: The draft RRs for separate service
have already been submitted.
(e) Direct promotion to higher posts.
(f) In-situ promotions (requiring no creation of posts) after
completion of residency periods as prescribed by the DOPT.
(g) Batch to batch functional
upgradation at par with the
best placed common entry counterparts.
(h) Batch to batch non-functional
upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts).
(i) Re-framing of the RRs prescribing the qualifying services in
consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 and
having provision of automatic upgradation to higher grade on completion of 1½
times of residency period as also suggested by the Association in relation of
the implementation of the verdict given in the OA No. 2323.2012 by the
Principal Bench of CAT.
(j) Introduction of Flexible
Complementary Promotion Scheme (FCS) or Dynamic Assured Career Progression
Scheme (DACP) as introduced in the Department of Science and Technology and Ministry
of Health for their employees.
3. Your
goodself is once more requested to look into the matter for the sake of justice
to the Central Excise executive officers, the most of whom are retiring with
single promotion in their career after joining as Inspector. One or more of the
above/other measures may be taken to remove their acute stagnation. It is also worth to submit that the
Cabinet has also recommended to bring some specific measures independent of
cadre restructuring to remove the stagnation of these officers but nothing has
come despite of the expiry of more than 4 years to the recommendations of the
Cabinet.
Thanking you.
Yours faithfully,
(RAVI MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
A. Venkatesh 240, Razapur, Ghaziabad-201001
(U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena,
Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K.
Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 118/AIB/P/18
Dt. 07.05.18
REMINDER
To,
Ms. Vanaja N. Sharna,
Chairperson, CBIC,
North Block, New Delhi.
Sub: Batch to batch Non Functional
Financial Upgradation (NFU) to our officers to grant financial parity with the
best placed counterparts of CSS etc.
Madam,
Kindly refer to the
earlier various requests of the Association including Ref. No. 19/AIB/P/18 Dt.
17.01.18.
2. With due regards, it is to submit
that Central
Excise/CGST Superintendents are retiring with single promotion on a PB2 post in
a career of 35-40 years whereas their common entry counterparts of Customs,
CBDT, CSS etc. are easily being promoted to PB4 (Level-13 & above) levels
with 5-6 promotions. Central Excise Superintendents are also forced to work
under their extreme juniors of Customs (Examiners) belonging to one & same
cadre of Inspector and recruited through one & same process under one &
same organization of CBEC in one & same department of Revenue of one &
same Ministry of Finance with one & same administrative hierarchy. Examiner
of 1984 has already become Addl. Commissioner (GP-Rs. 8700/- in PB4/Level-13)
years ago after getting 5 promotions whereas the Central Excise Inspector of
1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (GP-Rs.
5400/- in PB3/Level-10). The counterparts of CSS including Rajya Sabha
Secretariat and CBDT are already reaching the level of Joint Secretary and
Commissioner respectively in the GP of Rs. 10000/- in PB4 (Level-14). We have
nothing against these counterparts and wish them to get even more promotions
but also request for same benefit for us. We may kindly be granted at least
financial parity with them as the Central Excise/CGST Superintendents are getting salary even less than the
pension of above counterparts.
3. All organised group ‘A’ officers
recruited with IAS, the best placed
group ‘A’ service, in the same pay scale through common entry have been granted
financial parity with counterparts of IAS
in the form of non-functional financial up-gradation (NFU) vide DOPT OM
No. AB.14017/64/2008-Estt.(RR) Dt. 24.04.09 to compensate lack of promotions as
compared to IAS. This scheme was introduced for group ‘A’ officers to
compensate financial loss in comparison to counterparts of IAS. Particularly
keeping in view the extraordinarily acute stagnation of Central Excise
Superintendents & Inspectors, a proposal for grant of non-functional
financial up-gradation to grant them financial parity with the counterparts of
CSS was approved and recommended to DOPT by the CBEC. But DOPT without going
into the merits returned the same simply saying that NFU is applicable only for
Group ‘A’ organized service (relevant note sheet enclosed herewith).
4. As far as
the group ‘B’ officers are concerned, the CSS officers are the best placed
group ‘B’ officers of Govt. of India like IAS in group ‘A’. The group ‘B’
officers at the level of Inspector of Central Excise and the Assistant of CSS
are recruited in a common scale of pay through common entry examination
conducted by SSC. The officers recruited as Assistant (Group-B, Non
Gazetted, Level-7) in the Ministries get the benefit of promotions upto the
Joint Secretary level, i.e., i) SO with GP of Rs. 4800/- (Level-8) and Rs.
5400/- in PB3 (Level-10) after 4 years of service, ii) US (Grade-I) with GP of Rs.6600/-
(Level-11), iii) DS with GP of Rs. 7600/- (Level-12), iv) Director with GP of
Rs. 8700/- (Level-13) and JS with GP of Rs. 10000/- (Level-14). However, the majority of
their counterpart Inspectors of Central Excise in CBEC recruited as Group-B (Non
Gazetted) through the same All India competitive examination gets only one
promotion in 35/40 years of service career.
5. The
Assistants/Section Officers are working in the headquarters offices on policy
making seats whereas the Inspectors/Superintendents of Central Excise/CGST are
working on more important seats of revenue collection in the field formations.
Despite of working on more important seats, the Inspectors/Superintendents of
Central Excise/CGST are not treated at par with the counterparts of CSS at
least in financial matters. These CSS counterparts are retiring 4-5 grades
above the officers recruited as the Inspector of Central Excise. On account of
this, the CSS counterparts are getting 60% more pay than the officers recruited
as Inspector of Central Excise. As already submitted, even the pension of CSS
counterparts is more than the salary of the officers recruited as Inspector of
Central Excise.
6. The group
‘A’ officers in the Ministries are selected under Central Staffing Scheme on
deputation basis from organized Group ‘A’ Services or from CSS officers being
promoted from the post of Assistant/Section Officer but no such opportunity is
available for the Inspectors/Superintendents of Central Excise who are not only
looking after the work relating to the collection of Central Excise duty but
also looking after the work of collection of
Customs duty (including Inland Air Travel Tax and Foreign Travel Tax) and
Service Tax and also CGST & IGST. Needless to submit that they are already
earning the maximum portion of the govt. revenues always far ahead even of the
revised revenue targets with the efficient, committed & effective efforts
despite of their total demoralisation, disappointment and job-dissatisfaction
in r/o pay & perks, career prospects and working conditions.
7. Above
facts very well manifest the injustice meted out to officers recruited as
Central Excise Inspector despite of the most important work of revenue
collection being done by them for the Govt. During this course, they have been
facing every threat including life of them as well as their families by the
hard core criminals, dreaded smugglers and white collared criminals alongwith
tremendous administrative pressures. Thus, the officers recruited as the
Inspector of Central Excise deserve a far better treatment in every aspect
including pay, perks and career prospects. The grant of the non-functional
financial upgradation on batch to batch basis with the common entry
counterparts of CSS may be a solace for these hard working Central Excise/CGST
officers.
8. As far as
the importance of the work responsibilities is concerned, the Superintendents
are discharging all functions relating to assessment, investigation &
intelligence, issuance of Show Cause Notices with the responsibility of
adjudication. They have not only been conferred with the judicial
responsibilities in the matter of adjudication but also conferred with the
judicial responsibilities of recording statements of various persons in terms
of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs
Act, 1962. The statements tendered before the Central Excise/CGST
Superintendent have a legal binding and are treated as a valid piece of
evidence by various courts including the Hon’ble Supreme Court just like the
statements tendered before a Magistrate. Not only it, the Adjudication Orders are also being
prepared by them for the Commissioner level officers. No such
responsibilities have been conferred to the CSS officers or any other
counterparts of Central Excise Superintendents/Inspectors. It is also important
to mention that the judicial officers are not only being highly paid with extra
perks but also treated in a far better way in the matter of career prospects in
our country barring Central Excise/CGST Superintendents.
9. Though
the Central Excise/CGST Superintendents are performing more responsible work
functions as compared to other common entry counterparts, yet they are facing
the worst career prospects instead of getting better treatment. This injustice
is being faced by them despite of being the ‘backbone of the government
revenue’ on account of being the major revenue collectors for the government in
the form of Central Excise duty, Customs duty and Service Tax and also CGST
& IGST. In the actual terms, they are the ‘backbone of the government’ on
account of being responsible for the finance of the government. But very
unfortunately, they are being totally ignored in every matter.
10. The
parity is the basic concept of our Constitution and the parity in promotions is
required to be maintained amongst the similarly placed employees but the
Government of India has not initiated any action to maintain parity in
promotions as well as pay packages amongst the Group ‘B’ officers. The group
‘A’ officers have already been granted financial parity by the
Government of India by the grant of non-functional financial upgradation at par with the
counterparts of IAS. Like it, the
grant of the batch to batch non-functional financial upgradation after entry
into group ‘B’ or equivalent grade is also the immediate
need of the time for all group ‘B’
officers to bring them at par at least financially with the best placed group
‘B’ counterparts like CSS etc.
11. No need
to submit that the VIth as well as VIIth CPC have already recommended to bring
parity between the officers of headquarters offices and field offices keeping
in view the utmost importance of the work being done by the field officers.
12. The matter was also recommended
to 7th CPC by the CBEC as advised by the Department of Expenditure but the CPC kept silence on it without
giving any finding. After the publication of 7th CPC report, the
matter was again recommended by CBEC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16
of CBEC.
13. In view of the above, it is requested to consider
the matter sympathetically to grant non-functional financial up-gradation (NFU)
to Central Excise/CGST Superintendents/Inspectors at par with the best placed
Group ‘B’ counterparts of CSS etc. for the sake of justice.
Thanking you,
Yours faithfully,
Encl: As above.
(RAVI MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena,
Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy
(South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 119/AIB/P/18 Dt.
07.05.18
REMINDER
To,
Ms. Vanaja N. Sharna,
Chairperson, CBIC,
North Block, New
Delhi.
Sub: Flexible Complementary/Dynamic Assured Career
Progression Scheme for Superintendents in accordance of the observation
of CBEC under OM F. No.A-26017/154//2015-Ad.IIA Dt.
22.02.16 about the disparities in
promotions that it is an alarming anomalous situation.
Madam,
Kindly refer to the earlier requests
of the Association including Ref. No. 20/AIB/P/18 Dt. 17.01.18.
2. It is submitted with due regards
that the most of our officers are retiring with single promotion on a PB2 post
(Level-8) in a career of 35-40 years after joining the job as Inspector
(Level-7) whereas our counterparts including Customs (intra-organisational counterparts), Income Tax (intra-departmental counterparts), CSS (inter-departmental counterparts) etc.
are getting 5 to 6 promotions upto the Level-14. It is also reiterated that the
Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove
stagnation of group ‘B’ Central Excise executive officers independent of cadre
restructuring. But very unfortunately, no measures have been taken till date
even after more than 4 years to remove the stagnation of group ‘B’ executive
officers in CBEC despite of the recommendations of the Cabinet/CRC/Cabinet
Secretary.
3. An
organization specific scheme is, therefore, required to be formulated enabling
Central Excise Superintendents and Inspectors also attain Level-13 and above
like the common entry counterparts of CBDT, CSS, Customs etc. on account of
getting salary even less than the pension of their counterparts. This can be
done by introduction of flexible/dynamic
promotion/complementing scheme. This scheme was introduced in the Department of
Science & Technology for their employees to remove their stagnation. Such
type of scheme was also adopted by the Ministry of Health to remove the
stagnation of employees.
4. Central Excise/CGST Superintendents are also forced
to work under their extreme juniors of Customs (Examiners) belonging to one
& same cadre of Inspector and recruited through one & same process
under one & same organization of CBEC in one & same department of
Revenue of one & same Ministry of Finance with one & same
administrative hierarchy. Examiner of 1984 has already become Addl.
Commissioner (Level-13) after getting 5 promotions whereas the Central Excise
Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt.
Commissioner (Level-10).
5.
Thus, the problem of acute stagnation existing in the cadre of Central Excise
Superintendent and Inspector can be solved, if a flexible complementary
promotional scheme (FCS) or dynamic assured career progression (DACP) scheme is
introduced for them. The DOPT vide Notification No. 2/41/97-Plc Dt. 09.11.98
made the regulation of in-situ promotions under Flexible Promotional Scheme for
Department of Science and Technology. It has been further reviewed by the DOPT and modified
Flexible Complementing Scheme guidelines were issued vide OM No.
AB/4017/37/2008-Esst(R) Dt. 10.09.10. It is also worth to submit that FCS and
MACPS both are also applicable simultaneously in the case of these officers.
6. In view of the above particularly keeping in view the extraordinarily acute
stagnation of Central Excise executive officers, it is requested that
the Central Excise Superintendents may kindly be granted (if 5 functional promotions are not
possible)-
(b) In-situ promotions/non-functional upgradation on
completion of residency periods as prescribed by DOPT under OM No.
AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 w.e.f. the joining as Inspector.
It is
also worth to submit that none of the above measures would require any
functional post to be created as in-situ promotion requires merely to place in higher pay scale/s with
higher designation but working at lower post.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
